Laura Bussoli - Senior Associate
Eleonora Carletti - Associate
Also for 2023, the European Union is once again making available a fund to provide financial support to small and medium-sized enterprises (“SMEs”) based within the European Union that want to invest in the protection of their intellectual property assets, in particular, trademarks and designs/models.
The Ideas Powered for Business Fund, with an endowment of about 25 million euros, aims to prevent the economic crisis for small and medium-sized enterprises that would otherwise be forced to give up the protection of their industrial property assets.
The funds made available to companies will be provided, in the form of vouchers that will be issued, upon the application of the interested party, following the EUIPO's examination of the existence of the subjective and objective requirements provided by the Fund.
EU SMEs are classified as illustrated in the following table:
Vouchers can only be used for activities after they are issued and can only cover the following activities:
- Voucher 1: IP pre-diagnosis services (so-called “IP Scan”). This is a tool available to SMEs, using the aid of IP experts to develop a business strategy with reference to the protection of their IP assets. The planned subsidy is for a maximum amount of 1,350 euros for each company.
- Voucher 2: applications for registration of trademarks, designs and models up to a maximum amount of 1,000 euros for each enterprise. In more detail, it will be possible to obtain a refund of:
a. 75% refund on fees for EU trademark and/or design applications, fees for additional classes, and fees for examination, registration, publication and deferment of publication.
b. 75% refund on national or regional fees for trademark and/or design applications, fees for additional classes, and fees for examination, registration, publication, and deferment of publication.
c. 50% refund on basic fees for trademark and/or design applications, designation fees, and subsequent designation fees outside the EU. Designation fees from EU countries are excluded, as are handling fees charged by the office of origin.
Thus, vouchers can be used to obtain refund of fees in relation to trademarks and designs filed directly with EUIPO and/or member state intellectual property offices (reimbursement until 75 percent), as well as for trademarks filed through the Madrid International System and designs filed through the Hague International System (up to 50 percent reimbursement). Legal fees are excluded from voucher coverage.
You can apply from January 23, 2023, to December 8, 2023, keeping in mind that funds are limited and disbursed on a first-come, first-served basis.
The grant application must be submitted online, using the template (eForm) available at https://euipo.europa.eu/ohimportal/it/help-sme-fund-2023 and attaching documents to demonstrate the necessary subjective requirements.
Before starting the application process for the SME Fund, it is necessary to have already defined a clear IP protection strategy. Therefore, it is necessary to have all information and designs related to your IP assets (e.g., trademarks and logos, inventions, new technologies, original software, new designs, unique processes, etc.).
Clovers Law Firm is available for any additional assistance or information you may wish to have regarding the procedure to obtain EU funding.